(1) As used in this section: (a) "Credible threat" means a threat that has been evaluated by a threat assessment team and determined to pose a potential risk of physical violence, serious bodily injury, or significant property damage to students, school personnel, or school property, based on: (i) the specificity and plausibility of the threat; (ii) the student's access to means to carry out the threat; (iii) the student's history of concerning behaviors; and (iv) other relevant factors identified through evidence-based threat assessment protocols. (b) "Threat assessment information" means: (i) the nature and content of a credible threat; (ii) the name of the student who made the threat, including known aliases; (iii) the target or targets of the threat; (iv) the threat assessment team's evaluation and risk determination; (v) any safety interventions or support services provided; and (vi) other information relevant to preventing violence and ensuring school safety. (c) "Threat assessment team" means a multidisciplinary team established by an LEA that includes: (i) a school administrator; (ii) school safety personnel, including: (A) a school safety and security specialist described in Section 53G-7-701; or (B) a school resource officer; (iii) if available, a mental health professional; and (iv) other individuals as determined appropriate by the LEA. (2) The state board shall: (a) require LEAs to report when a student has presented a credible threat; (b) enables authorized personnel from other LEAs to access threat flag; and (c) maintains appropriate security and access controls. (3) An LEA shall place a flag on a student record when: (a) a threat assessment team determines that a student has made a credible threat; (b) the threat involves potential harm to: (i) a student; (ii) school personnel; or (iii) school property; or (c) the threat involves weapons or explosive devices; or (d) the threat assessment team determines that sharing the information is necessary to protect student and school safety. (4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the state board may establish rules and procedures for the sharing of student threat information. (5) The state board shall: (a) provide training to LEAs on the sharing of the student threat information; (b) conduct regular audits of student threat information sharing; (c) ensure compliance with all privacy and security requirements; and (d) report annually by October 1 to the Education Interim Committee on the operation and effectiveness of the student threat information, including: (i) training completion rates for LEA personnel; and (ii) aggregate data on threat prevention outcomes, appropriately anonymized to protect student privacy. (6) An LEA, the state board, or any employee of an LEA or the state board acting within the scope of employment in reporting, accessing, or using threat assessment information under this section in compliance with the procedures established in this section: (a) is entitled to the protections provided under Title 63G, Chapter 7, Governmental Immunity Act of Utah; and (b) is presumed to be acting in good faith unless clear and convincing evidence demonstrates otherwise. (7) Nothing in this section: (a) requires an LEA to establish an additional threat assessment team if one already exists; (b) supersedes any more stringent privacy protections under state or federal law; (c) authorizes the collection or sharing of information beyond what is necessary for school safety; or (d) creates a private right of action.
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